Summary: We will not investigate this complaint about the Council’s decision not to include conditions prohibiting a rising gate or private road sign when it granted planning permission for new houses in 2020. This complaint is late and we have not seen any reasons to exercise discretion in this matter.

The complaint

1. Ms X complains the Council failed to include conditions on a planning permission to prevent the developer installing a rising gate or private road signs.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. I considered information provided by Ms X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X has confirmed she was aware the Council granted planning permission in 2020. Also the Council’s final response to her complaint is dated January 2024. Ms X did not complain to us until 2025. Therefore the restriction described in paragraph three applies. We have seen no reason why Ms X could not have complained to us much sooner.

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Final decision

7. We will not investigate Ms X’s complaint because it is made too late.

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Investigator's decision on behalf of the Ombudsman